Hello, I would like to inquire about political asylum!

Political asylum refers to the act of a country allowing foreigners to enter, stay and protect foreigners who are wanted or prosecuted by their country for political reasons and request political asylum, and reject their country’s government’s extradition request. .

Granting asylum is a right of the state, that is, the state has the right to grant asylum to individuals under international law. The asylum of individuals is the product of the state’s right to asylum. Individuals can apply for asylum, but whether to grant asylum depends on The decision is made by the country being applied for. The "Declaration on Territorial Asylum" adopted by the United Nations General Assembly on December 14, 1967 held that granting asylum to individuals is an "exercise of national sovereignty" and that "whether the grant of asylum is justified or not shall be determined by the country granting asylum." The right to grant asylum is derived from the state's territorial superiority. A state has the right to jurisdiction and protection over all persons within its own territory. Once a person who is forced to prosecute or hunt enters the territory of another country, he will be under the jurisdiction of the country where he is located. The country that is pursuing or pursuing him cannot continue to prosecute or pursue him within the territory of the country where he is located.

Conditions for applying for political asylum

To successfully apply for political asylum, the applicant should be able to prove: 1. The applicant has been persecuted in the past, or has a real fear of being persecuted (WELL- FOUNDED FEAR); 2. The persecution is based on race, religion, nationality, affiliation with a certain social group or political opinion. The so-called WELL-FOUNDED FEAR has always been the focus of controversy in court. It was not until 1987 that the Supreme Court gave a clear explanation in the INSVCARDOZA-FONSECA case, that is, the fear of being persecuted is reasonable, and the applicant must prove with specific facts that he has been persecuted in the past or has reason to believe that he will be persecuted in the future. persecution. As for persecution, it refers to the physical and mental harm inflicted by the persecutor on the persecuted person in order to punish the persecuted person's beliefs or characteristics, such as discrimination, corporal punishment, excessive punishment for illegal departure, such as the government's unauthorized Judicial procedures, that is, depriving a person of freedom and property, will constitute persecution due to different political opinions. It should be noted that criminal punishment is not persecution, and harassment itself does not constitute persecution. Short-term detention does not constitute persecution, but massacre, torture, long-term imprisonment and slavery are persecution. Long-term unfair treatment can also constitute persecution. , although economic deprivation can also constitute persecution, the excessive and unique nature of the deprivation must be proven. In order to prove "reasonable fear", the applicant should show that: 1. He has a certain belief or characteristic that will incur punishment from the persecutor; 2. The persecutor knows or is likely to know the belief or characteristic he has; 3. The persecutor has The ability to inflict persecution; 4. The persecutor has the will to inflict persecution. Generally speaking, the persecutor must be the government, or the government must stand by and refuse to help the persecuted when the persecution occurs. It should also be pointed out that to prove the fear of being persecuted, evidence must be presented in both subjective and objective aspects. From a subjective point of view, the applicant's mentality is indeed afraid of being persecuted; from an objective point of view, the applicant will indeed be persecuted in real life, and both are indispensable. If the government of a certain country persecutees the applicant rampantly, but the applicant is not afraid of being persecuted, or if the applicant is extremely afraid of being persecuted, but the host country does not impose any persecution on the applicant, the applicant’s political asylum application will not be approved. approve. Finally, persecution must be based on the five reasons mentioned above, namely race, religion, nationality, membership of a certain social group or political opinion.

Other matters related to political asylum

1. Right of discretion Even if the applicant can prove that he has been persecuted or will be persecuted, the application may be rejected. This is because Immigration can exercise discretion. Of course, the Immigration Bureau must consider both positive and negative factors when exercising its discretion. Recent cases require the Immigration Service to have overwhelming facts before making a decision to return an applicant to his or her home country. However, if the applicant attempts to "break through" by using a fake passport or tearing up a passport, or using other deceptive methods to disrupt the normal process of inevitable review, the Immigration Bureau may exercise its discretion to deny the applicant's application. In this case, the applicant must prove his application with extremely sufficient facts in order for the Immigration Bureau to make a decision in favor of the applicant. This is one of the reasons why it is difficult for illegal immigrants to obtain political asylum. 2. Withholding of deportation (WITHHOLDING OF DEPORTATION) Even if the application for political asylum is rejected, the applicant can still apply for withholding of deportation. Since the stay of deportation is not within the scope of discretionary power, it must be approved if the application conditions are met. The so-called suspension of deportation requires the applicant to prove that his freedom or life will be threatened if he is deported to his country of origin. Because the requirements for asylum are lower than those for political asylum, political asylum is often granted after being rejected. Of course, not everyone can apply for withholding of deportation. (1) Those who apply for political asylum directly to the Immigration Bureau are not allowed to apply for a stay of deportation at the same time. They can only apply for a stay of deportation after the political asylum is rejected. (2) Only crew members or stowaways (who meet specific conditions) can apply directly to the Immigration Bureau. (3) Applicants can apply to the immigration judge for a stay of deportation.

Compared with political asylum, the legal requirements for withholding deportation are lower. If the conditions are met, an immigration judge must approve it. At the same time, applying for political asylum requires that the applicant has not stayed in a third country for a long time, and the suspension of deportation is not within this restriction. However, it should be noted that once political asylum is approved, the applicant can obtain a green card one year later. However, if the applicant is suspended from deportation, he or she cannot apply for a green card. 3. Under what circumstances cannot you apply? (1) Long-term stay in a third country: If the applicant has stayed in another country for a long time before entering the United States, he cannot apply for political asylum (but he can apply for a stay of deportation). The legal definition of long-term stay is the acquisition of long-term residence, citizenship or free movement rights. Factors considered include living conditions (living in a refugee camp does not count as a long-term stay), the scope of the work permit, whether you have the right to own land and other real estate, and whether you have the rights enjoyed by citizens of the country. (2) People who have persecuted others or have persecuted others cannot apply for political asylum or withholding deportation. Even if it is not out of personal will or they are forced to persecute others, they will not be able to apply. Of course, if the application is made under coercion, If there is persecution, that is a different matter. (3) Criminal punishment: If the applicant has been criminally punished for a crime (i.e., non-political prisoner), he or she cannot apply, whether within the United States or outside the country.

Edit this paragraph on the objects of political asylum

The objects of asylum are mainly political asylum seekers. Asylum is related to the principle of non-extradition of political prisoners, but the objects of asylum go beyond political prisoners in the usual sense, and asylum not only means non-extradition, but also includes non-deportation and allowing them to settle in the country.

Examples of national legislation on political asylum

The legal basis for asylum is mainly domestic legislation, and many countries have asylum clauses in their constitutions. The French Constitution of 1793 stipulated for the first time that France would grant asylum to foreigners who fled to France from their own country in order to fight for freedom, and at the same time announced that it would not grant asylum to autocrats. The 1954 Constitution of the People's Republic of China stipulates that any foreigner who is persecuted for supporting a just cause, participating in peaceful movements, or conducting scientific work shall be given the right to reside. The 1975 and 1978 constitutions also have the same provision. Article 32 of the 1982 Constitution stipulates: "The People's Republic of China may grant the right to asylum to foreigners who request asylum for political reasons."

The evolution of the restrictions on political asylum objects

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In the past, it was entirely up to that country to decide who it would grant asylum to. After World War I, Kaiser Wilhelm II fled to the Netherlands, which rejected extradition requests from the Allied Powers. After the Second World War, some international documents clearly excluded certain categories of people from being able to enjoy asylum. For example, the 1948 Universal Declaration of Human Rights stipulates that asylum shall not be granted to persons prosecuted for genuine crimes of a non-political nature or for conduct contrary to the purposes and principles of the United Nations. The Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations General Assembly in 1948 stipulates that genocide shall not be regarded as a political crime, but an extraditable crime. The 1967 Territorial Asylum Declaration states that persons who have committed crimes against peace, war crimes or crimes against humanity shall not request and enjoy asylum. The International Convention on the Suppression and Punishment of the Crime of Apartheid adopted by the United Nations General Assembly in 1973 stipulates that for the purpose of extradition, the crime of apartheid shall not be regarded as a political crime, that is, it shall not enjoy asylum. In principle, the status of foreigners enjoying asylum is the same as that of ordinary foreign nationals. The country granting asylum is obliged to impose necessary restrictions on the activities of the asylum seeker so that he may not engage in activities that endanger the security of other countries or violate the purposes and principles of the United Nations within its territory.